[Federal Register Volume 88, Number 231 (Monday, December 4, 2023)]
[Notices]
[Pages 84123-84128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26562]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #: RBS-23-BUSINESS-0020]


Notice of Solicitation of Applications for the Rural Business 
Development Grant Programs for Fiscal Year 2024

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or the Agency) 
invites the submission of applications for grants under the Rural 
Business Development Grant (RBDG) Program for fiscal year (FY) 2024, 
subject to the availability of funding. This notice is being issued 
prior to passage of a FY 2024 Appropriations Act in order to allow 
applicants sufficient time to leverage financing, prepare and submit 
their applications, and give the Agency time to process applications 
within FY 2024. Based on FY 2023 appropriated funding, the Agency 
estimates that approximately $37,000,000 will be available for FY 2024. 
Successful applications will be selected by the Agency for funding and 
subsequently awarded to the extent that funding may ultimately be made 
available through appropriations. All applicants are responsible for 
any expenses incurred in developing their applications.

DATES: Complete applications may be submitted in paper or electronic 
format and must be received by 4:30 p.m. local time on February 28, 
2024, in the United States Department of Agriculture (USDA) Rural 
Development (RD) State Office for the State where the project is 
located. A list of the USDA RD State Offices can be found at: https://www.rd.usda.gov/about-rd/state-offices.

ADDRESSES: This funding announcement will also be announced on 
www.Grants.gov. Applications must be submitted to the USDA RD State 
Office for the State where the project is located. For projects 
involving multiple states, the application must be filed in the RD 
State Office where the Applicant is located. Applicants are encouraged 
to contact their respective RD State Office for an email contact to 
submit an electronic application prior to the submission deadline date. 
A list of the USDA RD State Office contacts can be found at: https://www.rd.usda.gov/about-rd/state-offices.

FOR FURTHER INFORMATION CONTACT: Lisa Sharp at <a href="/cdn-cgi/l/email-protection#97fbfee4f6b9e4fff6e5e7d7e2e4f3f6b9f0f8e1"><span class="__cf_email__" data-cfemail="bdd1d4cedc93ced5dccfcdfdc8ced9dc93dad2cb">[email protected]</span></a>, or 
Cindy Mason at <a href="/cdn-cgi/l/email-protection#f2919b9c968bdc9f93819d9cb287819693dc959d84"><span class="__cf_email__" data-cfemail="f4979d9a908dda9995879b9ab481879095da939b82">[email protected]</span></a>, Program Management Division, Rural 
Business-Cooperative Service, USDA, 1400 Independence Avenue SW, MS 
3226, Room 5160--South, Washington, DC 20250-3226, or call (202) 720-
1400. For further information on submitting program applications under 
this notice, please contact the USDA RD State Office in the State where 
the applicant's headquarters is located. A list of RD State Office 
contacts is provided at the following link: https://www.rd.usda.gov/about-rd/state-offices.

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Agency Name: Rural Business-Cooperative Service (RBCS).
    Funding Opportunity Title: Rural Business Development Grant Program 
(RBDG).
    Announcement Type: Notice of Solicitation Announcement (NOSA).
    Funding Opportunity Number: RDBCP-RBDG-2024.
    Assistance Listing: 10.351.
    Dates: Complete applications may be submitted in paper or 
electronic format and must be received by 4:30 p.m. local time on 
February 28, 2024, in the United States Department of Agriculture 
(USDA) Rural Development (RD) State Office for the State where the 
project is located. A list of the USDA RD State Offices can be found 
at: https://www.rd.usda.gov/about-rd/state-offices.
    Rural Development Key Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities 
(more details available at https://www.rd.usda.gov/priority-points):
    <bullet> Assisting rural communities to recover economically 
through more and better market opportunities and through improved 
infrastructure.
    <bullet> Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects.
    <bullet> Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.

A. Program Description

    1. Purpose of the Program. The purpose of the program is to promote 
economic development and job creation projects through the awarding of 
grant funds to eligible entities. Applications will compete in two 
separate categories, business opportunity grants and business 
enterprise grants, for use in funding various business and community 
projects that serve rural areas.
    Business opportunity projects must be in compliance with eligible 
uses as stated in 7 CFR 4280.417(a)(1) that include the establishment 
of business support centers or providing funds for job training and 
leadership development in rural areas. Business opportunity projects 
must be consistent with any tribal, local and area-wide strategic plans 
for community and economic development, coordinated with other economic 
development activities in the project area, and consistent with any RD 
State Strategic Plan.
    Business enterprise projects must be in compliance with eligible 
uses as stated in 7 CFR 4280.417(a)(2) and are to be used to finance or 
develop small and emerging businesses in rural areas. Enterprise grant 
purposes include projects for the acquisition and development of land, 
access streets and roads, the conversion or modernization of buildings, 
capitalization of revolving loan funds and the purchase of machinery 
and equipment for businesses located in a rural area.
    2. Statutory and Regulatory Authority.
    (a) RBDG Program: The RBDG Program is authorized under 7 U.S.C. 
1932(c) (https://www.govinfo.gov/link/uscode/7/1932) and implemented by 
7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E). Assistance provided under the RBDG Program will be 
made to eligible entities and will be used for funding various business 
opportunity projects and business enterprise projects, as applicable, 
that serve Rural Areas.
    (b) Set-Aside Funding: The Consolidated Appropriations Act, 2023 
(Pub. L. 117-328), designated funding for Federally-Recognized Native 
American Tribes, Rural Empowerment Zone/Enterprise Communities/Rural 
Economic Area Partnerships, projects in Persistent Poverty Counties (as 
discussed below), Native American Persistent Poverty areas and for 
Strategic Economic and Community Development (SECD) projects in FY 
2023.
    Set-aside funding may or may not be made available through 
appropriations in FY 2024 where continued emphasis is given to 
financial assistance for projects located in these areas. For funding 
made available in FY 2023, eligible applicants for the Native American 
and Rural Empowerment Zone/Enterprise Communities/Rural Economic Area 
Partnership set-aside funds were required to demonstrate that

[[Page 84124]]

at least 75 percent of the benefits of an approved grant would assist 
beneficiaries in the designated areas. For funding made available in FY 
2023, eligible applicants for the Persistent Poverty Counties, Native 
American Persistent Poverty areas, and the SECD set-aside funds were 
required to demonstrate that 100 percent of the benefits of an approved 
grant would assist beneficiaries in the designated areas. The completed 
application deadline for these set-aside funds, if available, is 
consistent with the RBDG application deadline date of February 28, 
2024. Applicants for set-aside funds must indicate that they are 
applying for set-aside funds and may not submit a duplicate application 
for regular RBDG funds. If funding for an anticipated set-aside program 
is not appropriated in FY 2024, or if any eligible applications for 
set-aside funding are not funded due to insufficient funds, such 
applications will be allowed to compete for available FY 2024 regular 
RBDG funds in the State where the project is located.
    (c) Persistent Poverty Funding: The Consolidated Appropriations 
Act, 2023 (Pub. L. 117-328) provided designated funding for projects in 
Persistent Poverty Counties. ``Persistent Poverty Counties'' as defined 
in Section 736 is ``any county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as measured by the 
1990 and 2000 decennial censuses, and 2007-2011 American Community 
Survey 5-year average, or any territory or possession of the United 
States''. Another provision in Section 736 expanded the eligible 
population in Persistent Poverty Counties to include any county seat of 
such a Persistent Poverty County that had a population that did not 
exceed the authorized population limit by more than 10 percent. This 
provision expanded the current 50,000 population limit to 55,000 for 
only county seats located in Persistent Poverty Counties. Therefore, 
beneficiaries of technical assistance services located in county seats 
of Persistent Poverty Counties with populations up to 55,000 (per the 
2020 Census) were deemed eligible. Comparable statutory provisions may 
or may not be included in the appropriations act for FY 2024.
    3. Definitions. The definitions applicable to this notice are 
published at 7 CFR 4280.403 (eCFR :: 7 CFR 4280.403--Definitions.).
    4. Application of Awards. Awards under the RBDG Program will be 
made on a competitive basis using specific selection criteria contained 
in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E). The Agency will review, evaluate, and score 
applications received in response to this notice based on the 
provisions found in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), and as indicated in this notice. 
The Agency advises all interested parties that the applicant bears the 
full burden of preparing and submitting an application in response to 
this notice whether or not funding is appropriated for this program in 
FY 2024.

B. Federal Award Information

    Type of Awards: Grants.
    Fiscal Year Funds: FY 2024.
    Available Funds: Dependent upon FY 2024 appropriations. Funding is 
anticipated to be approximately $37 million based on FY 2023 amounts. 
RBCS may at its discretion, increase the total level of funding 
available in this funding round [or in any category in this funding 
round] from any available source provided the awards meet the 
requirements of the statute which made the funding available to the 
Agency.
    Award Amounts: No Minimum or Maximum.
    Anticipated Award Dates: Set-Aside awards, if applicable: May 31, 
2024. Regular awards: August 31, 2024.
    Performance Period: June 1, 2024, through September 30, 2026.
    Renewal or Supplemental Awards: None.
    Type of Financial Assistance Instrument: Grant Agreement.

C. Eligibility Information

    1. Eligible Applicants. Grants may be made to a Public Body/
Government Entity, an Indian Tribe, or a Nonprofit entity primarily 
serving rural areas. In accordance with 7 CFR 4280.416(d) (https://www.ecfr.gov/current/title-7/section-4280.416#p-4280.416(d)), 
applicants that are not delinquent on any Federal debt or not otherwise 
disqualified from participation in these Programs are eligible to 
apply. The Agency will check the System for Award Management (SAM) to 
determine if the applicant has been debarred or suspended at the time 
of application and prior to the awarding of grant funds.
    2. Cost Sharing or Matching. There are no cost sharing or matching 
requirements associated with this grant. Matching funds are not 
required for eligibility purposes, however, additional priority points 
may be awarded for leveraging per 7 CFR 4280.435 (a).
    3. Other. Grant funds may be used for projects identified in 7 CFR 
4280.417(a) (eCFR: 7 CFR 4280.417--Project eligibility.) as either a 
business opportunity type grant or a business enterprise type grant.

D. Application and Submission Information

    1. Address to Request Application Package. Entities wishing to 
apply for financial assistance should contact the USDA RD State Office 
provided in the ADDRESSES section of this notice to obtain copies of 
the application package.
    2. Content and Form of Application Submission.
    (a) The applicant documentation and forms needed for a complete 
application are located in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), a copy of which will 
be provided to any interested applicant making a request to a USDA RD 
State Office for the State where the project is located. A list of the 
USDA RD State Offices can be found at: https://www.rd.usda.gov/about-rd/state-offices.
    (b) The Agency requires information to make an eligibility 
determination through applications that must include the items 
identified in 7 CFR 4280.427 (https://www.ecfr.gov/current/title-7/section-4280.427). The written narrative outlined in 7 CFR 4280.427(d) 
should include the following for Other Information:
    (1) Please note that no assistance or funding can be provided to 
hemp producers or processors unless they have a valid license issued 
from an approved State, Tribal or Federal plan as per section 10113 of 
the Agriculture Improvement Act of 2018, Public Law 115-334 (https://www.govinfo.gov/app/details/PLAW-115publ334). Verification of valid 
hemp licenses will occur at the time of award; and
    (2) Other information the Agency may request to assist in making a 
grant award determination.
    Each selection priority criterion outlined in 7 CFR 4280.427 
(https://www.ecfr.gov/current/title-7/section-4280.427) must be 
addressed in the application. Failure to address any of the criterion 
will result in a zero-point score for that criterion and will impact 
the overall evaluation of the application.
    (c) The application must be submitted in one package. The single 
package should be well organized and include a table of contents, if 
appropriate. There are no specific limitations on number of pages, font 
size and type face, margins, paper size, and the sequence or assembly 
requirements other than those described in 7 CFR part 4280, subpart E 
(https://www.ecfr.gov/current/title-7/part-4280/subpart-E).
    (d) An original copy of the application must be filed with the RD 
State Office

[[Page 84125]]

for the State where the project is located. For projects involving 
multiple states, the application must be filed in the RD State Office 
where the Applicant is located.
    (e) The component pieces of this application require original 
signatures on the original application. Any form that requires an 
original signature but is signed electronically in the application 
submission must be signed in ink by the authorized person prior to the 
disbursement of funds.
    (f) RBDG grants must conform with the environmental policies and 
procedures of 7 CFR part 1970 (eCFR :: 7 CFR part 1970--Environmental 
Policies and Procedures).
    3. System for Award Management and Unique Entity Identifier.
    (a) At the time of application, each applicant must have an active 
registration in SAM before submitting its application in accordance 
with 2 CFR part 25 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25). In order to register in SAM, entities will be 
required to obtain a Unique Entity Identifier (UEI). Instructions for 
obtaining the UEI are available at https://sam.gov/content/entity-registration.
    (b) Applicants must maintain an active SAM registration, with 
current, accurate and complete information, at all times during which 
it has an active Federal award or an application under consideration by 
a Federal awarding agency.
    (c) Applicants must ensure they complete the Financial Assistance 
General Certifications and Representations in SAM.
    (d) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110).
    (e) The Agency will not make an award until the applicant has 
complied with all SAM requirements including providing the UEI. If an 
applicant has not fully complied with the requirements by the time the 
Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant.
    4. Submission Dates and Times.
    (a) Application Technical Assistance Deadline Date. Prior to 
official submission of grant applications, applicants may request 
technical assistance or other application guidance from the Agency, as 
long as such requests are made prior to February 10, 2024. Technical 
assistance is not meant to be an analysis or assessment of the quality 
of the materials submitted, a substitute for agency review of completed 
applications, nor a determination of eligibility.
    (b) Application Deadline Date. Applications (paper or electronic 
format) must be submitted to the appropriate RD State Office no later 
than 4:30 p.m. (local time) on February 28, 2024. If completed 
applications are not received by the deadline date, the application 
will neither be reviewed nor considered for funding under any 
circumstances. The Agency will not solicit or consider scoring or 
eligibility information that is submitted after the application 
deadline. The Agency reserves the right to contact applicants to seek 
clarification information on materials contained in the submitted 
application.
    5. Intergovernmental Review. Executive Order (E.O.) 12372, 
``Intergovernmental Review of Federal Programs,'' applies to this 
program. This E.O. requires that Federal agencies provide opportunities 
for consultation on proposed assistance with State and local 
governments. Many states have established a Single Point of Contact 
(SPOC) to facilitate this consultation. For a list of States that 
maintain a SPOC, please see the White House website: https://www.whitehouse.gov/omb/management/office-federal-financial-management/. 
If your State has a SPOC, you may submit a copy of the application 
directly for review. Any comments obtained through the SPOC must be 
provided to your State Office for consideration as part of your 
application. If your state has not established a SPOC, you may submit 
your application directly to the Agency. Applications from Federally 
recognized Indian Tribes are not subject to this requirement.
    6. Funding Restrictions.
    (a) Indirect costs will be permitted in accordance with applicable 
law and in accordance with 2 CFR part 200 (https://www.ecfr.gov/current/title-2/part-200). Pre-Federal award costs will only be 
permitted with prior written approval by the Agency.
    (b) In accordance with 7 CFR 4280.421 (eCFR :: 7 CFR 4280.421--Term 
requirement.), a project must reasonably be expected to be completed 
within one (1) full year after it has begun.
    7. Other Submission Requirements. Applicants may submit 
applications in hard copy or electronic format as previously indicated 
in the Application and Submission Information section of this notice. 
If the applicant wishes to hand deliver its application, the addresses 
for these deliveries are located in the ADDRESSES section of this 
notice.

E. Application Review Information

    1. Criteria.
    (a) The Agency will review each application for assistance in 
accordance with the priorities established in 7 CFR 4280.435. The 
Agency will assign each application a priority rating and will select 
applications for funding based on the priority ratings and the total 
funds available to the program. Failure to address any one of the 
criteria by the application deadline will result in the application 
being determined ineligible, and the application will not be considered 
for funding.
    (b) The Agency will use the criteria in 7 CFR 4280.435 and this 
notice to score applications for purposes identified under 7 CFR 
4280.417(a)(1) and (2).
    Leveraging. In addition to the requirements provided in 7 CFR 
4280.435(a), and to the extent that an applicant contributes leveraged 
funds to a project, the application must contain a firm commitment in 
writing of other funding for the project or points will not be awarded 
to the application for leveraging.
    Discretionary points. Either the State Director or Administrator 
may assign up to 50 discretionary points to an application. Assignment 
of discretionary points must include a written justification. 
Permissible justifications are geographic distribution of funds, 
special Secretary of Agriculture initiatives such as Priority 
Communities, or a state's strategic goals. Discretionary points may 
only be assigned to initial grants. However, in the case where two 
projects have the same score, the State Director may add one point to 
the project that best fits the State's strategic plan regardless of 
whether the project is an initial or subsequent grant.
    (c) The following are examples of special Secretary of Agriculture 
initiatives that can support obtaining discretionary points.
    (1) Assisting rural communities recover economically through more 
and better market opportunities and through improved infrastructure. 
Applicant would receive priority points if the project is located in or 
is serving a rural community whose economic well-being ranks in the 
most distressed tier (distress score of 80 or higher) of the Distressed 
Communities Index using the Distressed Communities Look-Up Map 
available at https://www.rd.usda.gov/priority-points.

[[Page 84126]]

    (2) Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects. Using the Social 
Vulnerability Index (SVI) Look-Up Map (available at https://www.rd.usda.gov/priority-points), an applicant would receive priority 
points if the project is:
    <bullet> Located in or serving a community with a score 0.75 or 
above on the SVI;
    <bullet> Is a Federally recognized tribe, including Tribal 
instrumentalities and entities that are wholly owned by Tribes; or
    <bullet> Is a project where at least 50 percent of the project 
beneficiaries are members of Federally Recognized Tribes and non-Tribal 
applicants include a Tribal Resolution of Consent from the Tribe or 
Tribes that the applicant is proposing to serve.
    (3) Reducing climate pollution and increasing resilience to the 
impacts of climate change through economic support to rural 
communities. Using the Disadvantaged Community and Energy Community 
Look-Up Map (available at https://www.rd.usda.gov/priority-points), 
applicants can receive priority points in three ways:
    <bullet> If the project is located in or serves a Disadvantaged 
Community as defined by the Climate and Economic Justice Screening Tool 
(CEJST), from the White House Council on Environmental Quality (CEQ), 
or
    <bullet> If the project is located in or serves an Energy Community 
as defined by the Inflation Reduction Act (IRA).
    <bullet> If applicants demonstrate through written narrative how 
proposed climate-impact projects improve the livelihoods of community 
residents and meet pollution mitigation or clean energy goals.
    See the website, https://www.rd.usda.gov/priority-points, for 
options.
    The Agency will assign each application a priority rating based on 
the total score and will select applications for funding based on the 
priority ratings and the total funds available to the program for 
opportunity-type projects and enterprise-type projects.
    2. Review and Selection Process.
    The RD State Offices will review applications to determine if they 
are eligible for assistance based on requirements contained in 7 CFR 
4280.416 (https://www.ecfr.gov/current/title-7/section-4280.416) and 7 
CFR 4280.417 (https://www.ecfr.gov/current/title-7/section-4280.417). 
Funding of projects is subject to the availability of funds and 
Applicant's satisfactory submission of the items required by 7 CFR part 
4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E) and this notice, in addition to any conditions specifically 
outlined in any issued USDA RD Letter of Conditions if available funds 
are to be awarded. The agency reserves the right to offer the applicant 
less than the amount of grant funding requested.
    The Agency will score each application based on the information 
contained in the application and its supporting information. All 
applications submitted for funding must be in one package and contain 
sufficient information to permit the Agency to complete a thorough 
priority rating. Agency employees may not consider any information that 
is not provided by the applicant in writing for scoring purposes. 
Applications will not be considered for funding if they do not provide 
sufficient information to determine eligibility or are missing required 
elements.
    Applications for set-aside funds, if available, will compete at the 
National Office in their respective categories. Applications for 
regular RBDG projects will compete at the state level in their 
respective category, business opportunity grants or business enterprise 
grants, for funding made available through RD State allocated funds. 
Applications will be reviewed, prioritized by score, and funded by 
ranking each project in highest to lowest score order until available 
funds are exhausted. If funds are exhausted at the state level, each 
State's highest scoring unfunded business enterprise project will have 
the opportunity to compete for funding through a final national 
competition.
    The Agency will notify eligible applicants in writing if RBDG funds 
are not available. The applicant is permitted to respond in writing 
that they wish their application to be reconsidered in the next FY. The 
applicant may provide additional updated information to the Agency 
prior to the next FY's application deadline for their project.
    The Agency will notify eligible applicants in writing if set-aside 
funds are not available. Applications that are eligible for set-aside 
funds but are unfunded due to the unavailability of funds will be 
allowed to compete for available FY 2024 regular RBDG funds in the 
State where the project is located. For projects involving multiple 
states, the application will be returned to the RD State Office where 
the Applicant is located and will compete for funds in that State. The 
Agency will notify eligible applicants in writing if their application 
will not be funded in FY 2024 due to insufficient funds in the set-
aside and regular RBDG programs.

F. Federal Award Administration Information

    1. Federal Award Notices.
    Successful applicants will receive notification for funding from 
the USDA RD State Office. Applicants must comply with all applicable 
statutes and regulations before the grant award can be approved and 
funded. If an application is withdrawn by the applicant, it can be 
resubmitted later and will be evaluated as a new application in the 
period submitted.
    2. Administrative and National Policy Requirements.
    Additional requirements that apply to grantees selected for this 
Program can be found in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), and in the Grants 
and Agreements regulations of the Department of Agriculture codified in 
2 CFR parts 25, 170, 180, 200, 400, 415, 417, 418, 421. Awards are 
subject to USDA grant regulations at 2 CFR part 400 (https://www.ecfr.gov/current/title-2/part-400) which incorporates the Office of 
Management and Budget (OMB) regulations at 2 CFR part 200 (https://www.ecfr.gov/current/title-2/part-200).
    All successful applicants will be notified by letter which will 
include a Letter of Conditions and a Letter of Intent to Meet 
Conditions. This letter is not an authorization to begin performance, 
but it is a notification that grant funds may be awarded subject to the 
applicant meeting certain specified conditions. The grant will be 
considered officially awarded when all conditions in the Letter of 
Conditions have been met and the Agency obligates the funding for the 
project. If the applicant wishes to consider beginning their project 
performance prior to the grant being officially closed, all pre-award 
costs must be approved in writing and in advance by the Agency.
    Additional requirements that apply to grantees selected for these 
programs can be found in 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E), the Grants and 
Agreements regulations of the USDA codified in 2 CFR Chapter IV 
(https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IV), and 
successor regulations to these parts.
    In addition, all recipients of Federal financial assistance are 
required to report information about first-tier sub-awards and 
executive compensation (see 2 CFR part 170 (https://www.ecfr.gov/current/title-2/part-170)). The applicant will be required to have the 
necessary processes and systems in place to comply with the Federal

[[Page 84127]]

Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282-
Federal Funding Accountability and Transparency Act of 2006--Content 
Details--(govinfo.gov)) reporting requirements (see 2 CFR 170.200(b) 
(https://www.ecfr.gov/current/title-2/section-170.200#p-170.200(b)), 
unless the recipient is exempt under 2 CFR 170.110(b) (https://www.ecfr.gov/current/title-2/section-170.110#p-170.110(b))).
    The following additional requirements apply to grantees selected 
for these programs:
    (a) Form RD 4280-2 ``Rural Business-Cooperative Service Financial 
Assistance Agreement.''
    (b) Letter of Conditions.
    (c) Form RD 1940-1, ``Request for Obligation of Funds.''
    (d) Form RD 1942-46, ``Letter of Intent to Meet Conditions.''
    (e) SF LLL, ``Disclosure of Lobbying Activities,'' if applicable.
    (f) Grantees will use Form SF 270, ``Request for Advance or 
Reimbursement'' when requesting grant funds from the Agency.
    3. Reporting.
    (a) A Financial Status Report and a Project Performance Activity 
Report will be required of all grantees on a quarterly basis until 
initial funds are expended and yearly thereafter, if applicable, based 
on the Federal FY. Grantees must continuously monitor performance to 
ensure that time schedules are being met, projected work by time 
periods is being accomplished, and other performance objectives are 
being achieved. Grantees must submit an original of each report to the 
Agency no later than 30 days after the end of the quarter. The grantee 
will complete the project within the total time available to it in 
accordance with the Scope of Work and any necessary modifications 
thereof prepared by the grantee and approved by the Agency. A final 
Project Performance Report will be required with the final Financial 
Status Report. The final report may serve as the last quarterly report. 
The final report must provide complete information regarding the jobs 
created and supported as a result of the RBDG grant, if applicable. The 
Project Performance Reports must include, but not be limited to, the 
following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period.
    (2) Problems, delays, or adverse conditions, if any, which have 
affected or will affect attainment of overall project objectives, 
prevent meeting time schedules or objectives, or preclude the 
attainment of particular project work elements during established time 
periods. This disclosure shall be accompanied by a statement of the 
action taken or planned to resolve the situation.
    (3) Objectives and timetable established for the next reporting 
period.
    (4) Any special reporting requirements, such as jobs supported and 
created, businesses assisted, or economic development which results in 
improvements in median household incomes, and any other specific 
requirements, will be placed in the reporting section of the Letter of 
Conditions.
    (5) Within 90 days after the conclusion of the project, the grantee 
will provide a final Project Evaluation Report. The last quarterly 
payment will be withheld until the final report is received and 
approved by the Agency. Even though the grantee may request 
reimbursement on a monthly basis, the last 3 months of reimbursements 
will be withheld until the final Project Evaluation, Project 
Performance, and Financial Status Reports are received and approved by 
the Agency.
    (b) In addition to any reports required by 2 CFR part 200 (https://www.ecfr.gov/current/title-2/part-200) and 2 CFR chapter IV (https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IV), the grantee must 
provide reports as required by 7 CFR part 4280, subpart E (https://www.ecfr.gov/current/title-7/part-4280/subpart-E).

G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact your 
USDA RD State Office provided in the ADDRESSES section of this notice.

H. Build America, Buy America

    Funding to Non-Federal Entities. Awardees that are Non-Federal 
Entities, defined pursuant to 2 CFR 200.1 as any State, local 
government, Indian tribe, Institution of Higher Education, or nonprofit 
organization, shall be governed by the requirements of Section 70914 of 
the Build America, Buy America Act (BABAA) within the Infrastructure 
Investment and Jobs Act (IIJA) (Pub. L. 117-58). Any requests for 
waiver of these requirements must be submitted pursuant to USDA's 
guidance available online at https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver. Pursuant to USDA's 
``Tribal Consultation Waiver in the Public Interest for Indian 
Tribes,'' approved on July 14, 2023, and effective until July 13, 2024, 
Tribal applicants will not be subject to the requirements of BABAA 
described in this notice.

I. Other Information

    1. Paperwork Reduction Act. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. chapter 35), the information 
collection requirements associated with the programs, as covered in 
this notice, have been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 0570-0070.
    2. National Environmental Policy Act. All recipients under this 
notice are subject to the requirements of 7 CFR part 1970. RBCS will 
review each grant application to determine its compliance with 7 CFR 
part 1970. The applicant may be asked to provide additional information 
or documentation to assist RBCS with this determination.
    3. Federal Funding Accountability and Transparency Act. All 
applicants, in accordance with 2 CFR part 25, must be registered in SAM 
and have a UEI number as stated in Section D.3 of this notice. All 
recipients of Federal financial assistance are required to report 
information about first-tier sub-awards and executive total 
compensation in accordance with 2 CFR part 170.
    4. Civil Rights Act. All grants made under this notice are subject 
to Title VI of the Civil Rights Act of 1964 as required by the USDA (7 
CFR part 15, subpart A--Nondiscrimination in Federally-Assisted 
Programs of the Department of Agriculture--Effectuation of Title VI of 
the Civil Rights Act of 1964) and Section 504 of the Rehabilitation Act 
of 1973, title VIII of the Civil Rights Act of 1968, title IX, 
Executive Order 13166 (Limited English Proficiency), Executive Order 
11246, and the Equal Credit Opportunity Act of 1974.
    5. Nondiscrimination Statement. In accordance with Federal civil 
rights laws and U.S. Department of Agriculture (USDA) civil rights 
regulations and policies, the USDA, its Mission Areas, agencies, staff 
offices, employees, and institutions participating in or administering 
USDA programs are prohibited from discriminating based on race, color, 
national origin, religion, sex, gender identity (including gender 
expression), sexual orientation, disability, age, marital status, 
family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint

[[Page 84128]]

filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, staff office or the 711 Relay 
Service.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 
632-9992, or by writing a letter addressed to USDA. The letter must 
contain the complainant's name, address, telephone number, and a 
written description of the alleged discriminatory action in sufficient 
detail to inform the Assistant Secretary for Civil Rights (ASCR) about 
the nature and date of an alleged civil rights violation. The completed 
AD-3027 form or letter must be submitted to USDA by:

(1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#f78785989085969ad99e9983969c92b782849396d9909881"><span class="__cf_email__" data-cfemail="3d4d4f525a4f5c50135453495c56587d484e595c135a524b">[email protected]</span></a>.

    USDA is an equal opportunity provider, employer, and lender.

Karama Neal,
Administrator, Rural Business-Cooperative Service, USDA Rural 
Development.
[FR Doc. 2023-26562 Filed 12-1-23; 8:45 am]
BILLING CODE 3410-XY-P


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